11/7/2023 Item # 4
City Council
Meeting
Discussion and Potential
CITY OF Action on the Proposed Joint
D0000d Powers Agency Agreement to
Establish the Cities
1852
Association of Santa Clara
THE MISSION CIT County Joint Powers Agency
Item #4, RTC# 23-1296
November 7, 2023
City of
Santa Clara
The Center of What's Possible
Background
• Cities Association of Santa Clara County (CASCC) is an association of the 15 cities and towns of the County.
• At this time, the CASCC is pursuing a more formal
structure to address and clarify the following:
- Risk management (including indemnification, limits on liability, and insurance)
- Tax status
- Governance
2 POST MEETING MATERIAL
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City of
Santa Clara
The Center of What's Possible
Background (Cont.)
• For the past two years, the CASCC has conducted outreach and solicited input on the proposed JPA Agreement.
• Current draft of JPA Agreement incorporates many of the suggestions provided by City/Town Attorneys and
City/Town Managers.
• On October 10, 2023, the CASCC presented on the
proposed JPA Agreement that will establish the CASCC
Joint Powers Agency.
City of
Santa Clara
The Center of What's Possible
Next Steps
• To form the joint powers authority, the JPA Agreement must be approved by the CASCC Board of Directors and
executed by each Member Agency that wishes to join.
• The CASCC Board of Directors (Board) expects to vote on the JPA Agreement at their November 9, 2023 meeting.
• This item presents the JPA Agreement for Council
consideration with the opportunity to request changes, if needed.
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City of
Santa Clara
The Center of What's Possible
Key Provisions
• Purpose and Powers: JPA would have general authority
to take such actions as are necessary to study, build
consensus and advocate for positions of common interest to the region.
- Specific limits on JPA authority include prohibitions on imposing taxes, purchasing real property, hiring
employees, and issuing debt.
5 City of
Santa Clara
The Center of What's Possible
Key Provisions - Governance
• Minimum Number of Participants: JPA Agreement will be become effective when 8 Member Agencies sign on.
• Board of Directors: JPA will be governed by the CASCC Board, made up of one Director representing each Member Agency. Each Director will have one vote.
• Executive Committee: Comprised of 3-5 officers depending on the number of Member Agencies with powers delegated
from the Board to act on the Board's behalf.
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City of
Santa Clara
The Center of What's Possible
Key Provisions -
Governance (Cont.)
• Voting Requirements:
- Most JPA actions only require a majority vote.
- Any new "significant program" (costing $10,000 or more) requires a 2/3rds vote of the CASCC Board.
- Amendment to JPA Agreement requires a 2/3rds vote of
Member Agencies.
City of
Santa Clara
The Center of What's Possible
Key Provisions -
Governance (Cont.)
• Member Agencies Selection of its Representative Director and Alternate: Each Member Agency establishes its own process for appointing and removing its representative Director and Alternate.
• New Members: With CASCC Board approval, any city located within the County may become a party of the JPA Agreement. • Withdrawal: A Member Agency may terminate its membership in the JPA at any time upon giving a 180-day notice.
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11/7/2023 Item #4
City of
Santa Clara
The Center of What's Possible
Key Provisions -
Fiscal Management
• Budget Review and Feedback: CASCC Board responsible
for developing the budget.
- Staff Suggestion: It would be helpful to understand what opportunities Member Agencies may have to review and
provide feedback on annual budget decisions.
City of
Santa Clara
The Center of What's Possible
Key Provisions -
Fiscal Management (Cont.)
• Annual Dues: The CASCC has indicated the JPA annual
budget will be developed using the same parameters used to develop the current budget and membership dues will
continue to be based on the size of member cities.
- Staff Comment: JPA Agreement does not specify cost
allocations, nor is there is tentative annual dues schedule, which would provide cities and towns greater clarity when making decisions about becoming a JPA member.
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11/7/2023 Item #4
City of
Santa Clara
The Center of What's Possible
Key Provisions -
Fiscal Management (Cont.)
• The City paid $34,044 for its CASCC annual membership dues in 2022 and 2023.
- Staff Comment: CASCC representatives have communicated that they anticipate little to no changes to the City's annual dues for the upcoming year. It is unclear whether there will be future increases.
11 City of
Santa Clara
The Center of What's Possible
Key Provisions (Cont.)
• Contract/Contractor Oversight and Performance Review
- Staff Comment: JPA Agreement does not specify the
responsibilities of the Board and Executive Committee for the selection, performance evaluation, and potential termination of the contractors providing services. It would be helpful to understand how these responsibilities will be handled by the JPA.
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11/7/2023 Item # 4
City of
Santa Clara
The Center of What's Possible
Recommendation
• Staff recommends that the Council discuss the proposed Cities Association of Santa Clara County (CASCC) Joint
Powers Agency (JPA) Agreement and provide direction to
staff on any requested or required changes to be shared with the CASCC regarding the proposed terms, and/or take action to approve the JPA Agreement in the form
presented.
13 City of
Santa Clara
The Conter of What's Possible
Option 1
• Approve the JPA Agreement in the form presented and
delegate authority to Councilmember Watanabe to report
approval of the JPA Agreement at the CASCC Board of
Directors Meeting and authorize the City Manager to execute the JPA Agreement in a final form approved by the City
Attorney.
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City of
Santa Clara
The Center of What's Possible
Option 2
• Recommend specific amendments to the proposed JPA
Agreement and delegate authority to Councilmember
Watanabe to report approval of the JPA Agreement at the CASCC Board of Directors Meeting, subject to the City
Council's amendments, and authorize the City Manager to execute the JPA Agreement in a final form approved by the City Attorney.
15 City of
Santa Clara
The Center of What's Possible
Options 3 & 4
• Option 3: Recommend specific amendments to the proposed JPA Agreement and request that the CASCC propose a
revised agreement.
• Option 4: Take no action and do not approve the proposed JPA Agreement.
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